Patent Litigation

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Our patent litigation practice consists of more than 120 attorneys concentrated on both the East and West Coasts, with over 95 lawyers in Washington and New York and 25 in California, and an additional number in Seoul and China. Collectively, Covington lawyers have litigated in excess of 500 patent cases covering a wide range of technologies.

Trial Depth. Covington’s patent litigation practice starts with top-notch trial lawyers who know how to prepare a case for trial, who have tried patent cases to verdicts before judges and juries, and who regularly handle major patent-related arbitrations. Two of our patent litigation partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.

Technical Expertise. We have married effective advocacy with substantive expertise. More than 50 of our litigators have clerked for federal trial and appellate judges, and more than 70 of our patent litigators have technical degrees in areas such as computer engineering, computer science, mathematics, mechanical engineering, electrical engineering, chemical engineering, biochemistry, chemistry, immunology, microbiology, molecular and cell biology, pharmacology, and physics.

Geographic Reach. We have successfully litigated cases in every significant patent jurisdiction in the country, including the Eastern District of Texas, Delaware, California, New York, New Jersey, and the Federal Circuit. Notably, one of our patent litigators is a former U.S. District Court Judge for the District of Delaware who presided over more than 200 patent infringement cases while on the bench. We also have a depth of experience before the International Trade Commission (ITC) where we have appeared in over 90 Section 337 cases spanning more than 30 years, including some of the largest and most high-profile matters to have come before the ITC. We have achieved successful outcomes for clients in each of the 20 ITC matters we have handled since 2008.

Industry Knowledge. We have been lead counsel in patent infringement cases throughout the country involving disputes covering a wide range of industries, including computer and electronics, software, financial services, telecommunications, pharmaceutical, medical device, biotechnology, chemical, metallurgical, and mechanical. We have also prosecuted numerous patents in these industries and have prepared reexamination requests and handled reexaminations.

Broad Resources. We draw on Covington’s traditional strengths as one of the world’s leading law firms, including its litigation, antitrust, FDA, communications, and technology practices. Our depth of experience allows us to handle matters in a cost-effective manner, with lean staffing and cross-office collaboration leading to efficient and complete coverage.

Appellate Talent. Covington has a longstanding, highly successful appellate litigation practice that extends to our patent litigation practice. The firm’s appellate practice includes 30 specialists, including three former federal judges, four former Assistants to the Solicitor General of the United States, 18 former Supreme Court clerks, and former law clerks from every federal court of appeals. Our attorneys have handled more than 50 cases before the Supreme Court and hundreds in state and federal appeals courts. Indeed, Covington has been named to The National Law Journal’s Appellate Hot List in 2008, 2009, 2011, 2012, 2013, and 2015 as having one of the top appellate practices in the country. Our patent litigation practice has a track record of obtaining favorable results for our clients on patent cases before the Federal Circuit and is regularly asked to represent clients on appeal after a lower court has entered an adverse ruling.

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Janssen Pharmaceuticals Hatch-Waxman litigation

Representation of Johnson & Johnson subsidiary Janssen Pharmaceuticals in Hatch-Waxman litigation against Lupin relating to the Ortho Tri-Cyclen® Lo patent. After a full trial on the merits, the court held that the patent was valid and enforceable. We subsequently obtained a highly favorable settlement for our client.

Merck ITC and District Court Litigation

Representation of Merck & Co. before the ITC and in the Eastern District of Virginia in cases involving Merck’s blockbuster NuvaRing® contraceptive product. After the first day of the evidentiary hearing, the complainant dismissed their ITC complaint and subsequently dismissed their district court complaint as well. Certain Vaginal Ring Birth Control Devices.

Successful Settlement of IPR Proceedings for Knowles Electronics, LLC

Representation of Knowles Electronics, LLC as patent owner in four IPR proceedings relating to silicon microphone packages and MEMS microphones, all of which were successfully terminated by settlement. Covington also represented Knowles in the co-pending litigation, which successfully settled.

Successful Resolution for Bockstar Technologies in an IPR Proceeding

Representation of Bockstar Technologies LLC as patent owner in an IPR proceeding brought by Cisco Systems Inc., challenging the validity of four patents related to routers, switches, and computerized telephony. Covington filed substantive initial responses for three of the four petitions. In decisions on February 2 and 3, 2015, the PTAB rejected one of the petitions in its entirety, and instituted only as to a single patent claim in a second petition—effectively eliminating half of Cisco’s petitions at a single stroke. The proceedings were terminated shortly thereafter as part of a global settlement.

Successful Resolution of Peregrine IPR Proceeding and Litigation

Representation of Peregrine Semiconductor as patent owner in an IPR proceeding brought by RF Micro Devices. The patent is directed to high frequency RF switches for 4G access technologies. Covington also represented Peregrine in the co-pending litigation. Both the IPR and the litigation were settled successfully for Peregrine.

Representation of Knappco in PTAB Proceedings

Representing Knappco, a subsidiary of Dover Corporation, in an IPR against CHS Inc. regarding systems and methods to reduce the potential for unintentional mixing of liquid types in tank systems. In June 2016, the PTAB instituted proceedings on all claims on all grounds. The patent owner failed to file any responsive papers, and the PTAB entered adverse judgment against CHS cancelling all challenged claims.

Fifteen IPR Proceedings for Aristocrat Technologies Inc.

Representation of Aristocrat Technologies Inc. in patent infringement litigation brought by IGT on an array of patents directed to gaming devices. On behalf of Aristocrat, Covington prepared and filed IPR petitions on eleven patents, and Covington represented Aristocrat as the patent owner in four IPR proceedings initiated by IGT. The parties reached a favorable settlement ahead of the litigation, and have terminated all of the IPR proceedings.

Samsung ITC Section 337 Investigations

Representation of Samsung in the ITC Section 337 Investigations: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, USITC Inv. No. 337- TA-882 (Respondent); Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent); and Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).

A-DATA Technology Co., Ltd, A-DATA Technology (USA) Co. Ltd., and International Products Sourcing Group, Inc. ITC Section 337 Investigation

Representation of A-DATA Technology Co., Ltd, A-DATA Technology (USA) Co. Ltd., and International Products Sourcing Group, Inc. in the ITC Section 337 Investigation: Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III), USITC Inv. No. 337-TA-630 (Respondents).

$52 Million Jury Verdict for Caliper Life Sciences in Trade Secret Misappropriation

Representation of Caliper Life Sciences in which we secured a $52 million jury verdict of trade secret misappropriation in California state court related to microfluidics technology. Two related patent infringement cases settled shortly thereafter on terms favorable to our client.

Defense of VIMPAT Patent for Research Corporation Technologies Inc., Harris FRC Corporation, and UCB, Inc.

Represented Research Corporation Technologies, Inc., and licensees Harris FRC Corporation, and UCB, Inc. in a series of six IPR proceedings filed by various generics companies, challenging the patent claiming Vimpat®, UCB’s anti-epileptic drug. The first petition, filed by Actavis, Inc. in 2014, was denied institution. The second petition, filed by Argentum Pharmaceuticals LLC in 2015, was later joined to another four IPR petitions filed by Alembic Pharmaceuticals, Breckenridge Pharmaceutical, and Mylan Pharmaceuticals. The PTAB entered a final written decision on March 22, 2017 entirely rejecting all the challenges and upholding all claims of the patent. In concurrent district court litigation (in which we also represented UCB), the court rejected all the generics’ invalidity arguments in August 2016.

Reexamination, CBM and Litigation Victories for Ariba, Inc.

Representation of Ariba, Inc. as patent owner in a CBM proceeding relating to operating resource management systems. Covington also represents Ariba in the co-pending litigation. The CBM proceeding was terminated following successful settlement of the patent infringement aspect of the litigation. We have also represented Ariba as requester in two inter partes reexamination proceedings relating to a business-to-business electronic clearinghouse. All original patent claims, as well as claims added during both reexamination proceedings, were rejected. Favorable settlement for Ariba was promptly obtained pursuant to filing of the reexamination requests.

Representation of Samsung Electronics Company, Ltd. in Two IPR Proceedings

Representation of Samsung Electronics Company, Ltd. as petitioner in two IPR proceedings adverse to patent owner Boston University relating to gallium nitride semiconductor devices. The two proceedings were terminated following successful settlement of the underlying litigation, in which Covington represented Samsung.

Major Victory for Atmel in Patent Dispute

Representation of Atmel in a major victory where plaintiff Agere claimed that Atmel infringed four semiconductor patents, including what it touted as its key tungsten patents, and sought damages of approximately $200 million as well as enhancement for claimed willful infringement. After a three-week trial, the jury returned a verdict in Atmel’s favor; invalidating the tungsten patents, finding the fourth not infringed as well as invalid, and awarding Agere no damages.

IPR Proceeding Victory on Behalf of Texas Instruments

Representation of Texas Instruments Incorporated (“TI”) as petitioner in an IPR proceeding relating to monolithic battery chargers. In a clean sweep victory in a patent office trial, the patent owner, Unifi Scientific Batteries (“USB”) ultimately requested judgment in TI’s favor. USB had sued TI in the Eastern District of Texas in March 2012, alleging infringement of its patent directed to monolithic battery chargers. In March 2013, Covington filed a petition on behalf of TI in the Patent Office seeking invalidation of 16 claims. One week before oral argument, USB filed a Request for Adverse Judgment, disclaiming all of the 16 challenged claims. In June 2014, the Patent Office granted the Request and entered the judgment, successfully ending the trial. Covington also represented TI in the co-pending litigation, which settled successfully.

Invalidation of 41 Claims in Victory for Media Clients

Representation of multiple petitioners, including The New York Times Company and CBS Interactive, in an IPR proceeding (and in seven inter partes reexamination proceedings) for patents held by Helferich Patent Licensing, LLC. The patents relate to cell phone messaging and were the subject of co-pending litigation in which the requesters were defendants. In March 2014, the PTAB provided another clean sweep IPR victory when it invalidated all 41 challenged claims of the patent. Following Covington’s argument in April 2015, the Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, securing the clients’ victory.

Successful Resolution of Multiple IPR Proceedings on Behalf of Petitioner Samsung

Representation of Samsung Electronics Company, Ltd. as petitioner in nine IPR proceedings relating to mobile communications and network-enabled audio/video devices and players. Samsung prevailed in all nine of the IPR proceedings. After oral argument in two of the proceedings, the Board issued Final Written Decisions finding all challenged claims unpatentable. Black Hills requested adverse judgment on all challenged claims in five of the proceedings, and filed motions to amend to cancel the challenged claims in the remaining two proceedings.

Cradle IP v. Texas Instruments

Covington successfully defended Texas Instruments in patent litigation alleging infringement by a broad array of digital signal processors sold by TI. After the District Court of Delaware granted TI’s motion for summary judgment of non-infringement regarding all accused products except one, the Federal Circuit granted a complete win to TI on appeal.

Representation of Eli Lilly, ImClone, and BMS

Represented Eli Lilly and Company, ImClone, and BMS in an IPR proceeding challenging the validity of a patent owned by the Trustees of the University of Pennsylvania (“Penn”). In concurrent district court litigation (in which we also represent Eli Lilly), Penn alleged that its patent covered methods of using Eli Lilly’s biologic Erbitux® for treating cancer patients. In July 2016, the PTAB instituted trial on all challenged claims, and later that month, the district court entered a stay of the litigation pending the IPR proceeding. The PTAB hearing took place in March 2017, and the final written decision found the challenged claims of Penn’s patent invalid.

Multiple IPR Proceedings on Behalf of Biogen

Represented Biogen in defeating Swiss Pharma’s attacks on three patents covering TYSABRI®, an antibody biologic for treating patients with multiple sclerosis. The PTAB declined to institute a trial on all three of Biogen’s patents. The PTAB adopted the detailed reasoning from Covington’s briefs, finding that Swiss Pharma’s evidence and expert testimony did not demonstrate a reasonable likelihood of prevailing at trial.

Representation of Elbit Systems of America, LLC in IPR Proceeding

Representation of Elbit Systems of America, LLC as petitioner in an IPR proceeding relating to a patent directed toward a system and method for tracking the motion or orientation of an object relative to a moving reference frame, such as in a head-mounted display. The patent is owned by Thales Visionix, Inc., and Covington also represents Elbit in the co-pending litigation in the Court of Federal Claims. In October 2016, the PTAB issued its final written decision holding as unpatentable more than half of the challenged claims.

Representation of LifeCell as Petitioner in an IPR Proceeding

Representing LifeCell Corporation as petitioner in an IPR proceeding challenging a patent owned by LifeNet Health directed to soft tissue graft compositions. Trial was instituted in March, with a final written decision due by March 2017, and the PTAB granted the patent owner’s request for adverse judgment in August 2016, cancelling all claims in the patent and handing our client LifeCell, a complete win.

Representation of Indivior in Challenge to Patent for SUBOXONE

Represented Indivior UK Limited (f/k/a RB Pharmaceuticals Limited), as patent owner in an IPR proceeding, brought by Teva Pharmaceuticals USA, Inc., challenging one of three Orange Book listed patents for Suboxone® sublingual film, a treatment for opioid dependence. In a decision rendered on June 10, 2016, the PTAB denied Teva’s petition in its entirety, adopting the rationale presented in Covington’s patent owner preliminary response.

Representation of BMS as Patent Owner in an IPR Proceeding

Represented Bristol-Myers Squibb Company, as patent owner in an IPR proceeding brought by Momenta Pharmaceuticals, Inc., challenging the validity of a patent covering the formulation of BMS’s biologic ORENCIA. The PTAB entered a final written decision in December 2016 entirely rejecting Momenta’s challenges and upholding all claims of the patent.

Representation of Warner Chilcott in an IPR Proceeding

Representation of Warner Chilcott as patent owner in an IPR proceeding, brought by the generic company Mylan Pharmaceuticals, challenging the patent claiming LO LOESTRIN, Warner Chilcott’s oral contraceptive. After Mylan filed its petition, the parties settled favorably without a single claim being invalidated or the PTAB instituting review on a single claim of the LO LOESTRIN Patent. Covington successfully represented Warner Chilcott in ANDA litigation against prior generic filers on LO LOESTRIN, obtaining a favorable judgment after a bench trial which was upheld by the Federal Circuit.

Representation of Elbit Against Petitions Filed by Hughes

Representation of Elbit Systems Land and C4I Ltd. in securing the PTAB’s denial of four separate Patent Office challenges over the course of 2016. In the latest decision, issued in mid-July 2016, the PTAB denied the fourth and final patent office challenge filed by Hughes Network Systems, LLC against Elbit’s patents. In November 2015, Hughes filed two petitions for inter partes review against Elbit’s ’073 patent, and one petition against Elbit’s ’874 patent, both of which are asserted against Hughes in the co-pending district court litigation. Hughes filed a second petition against the ’874 patent in January 2016. The PTAB denied the first challenge to the ’874 patent, and both challenges to the ’073 patent, in April. Hughes’s request for rehearing on the first petition also was rejected in July 2016.

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Covington Secures $21 Million Jury Trial Win for Elbit Systems in Patent Case

SILICON VALLEY—Covington secured a significant patent infringement victory on behalf of Elbit Systems Ltd. over its groundbreaking patent relating to high-speed satellite communications. A jury in the Unites States District Court for the Eastern District of Texas awarded Elbit Systems $21,075,000 in damages, exclusive of pre-judgment interest and post-verdict ...

Law360's Weekly Verdict: Legal Lions & Lambs

Covington's patent infringement victory on behalf of Elbit Systems was featured by Law360 as the leading item in the "Legal Lions" roundup. The team, which secured $21.1 million in damages for Elbit, was led by Kurt Calia and Ranganath Sudarshan.

Tessera, Covington Deal Blows to Broadcom in ITC and PTAB

The National Law Journal highlights Covington's successful representation of Tessera at the ITC regarding a patent infringement dispute with Broadcom over semiconductor chips. According to Sturgis Sobin, who led the Covington team, "They tried for more than two years to work out a deal, but were unsuccessful."

Administration Submits Notice of NAFTA Renegotiation

On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the Federal Register regarding such input. In a letter to House and Senate leaders regarding this renegotiation, Lighthizer indicated that he would also “consult closely with Congress” in developing U.S. negotiating positions. Negotiations with Canada and Mexico will begin no earlier than August 16, 2017. The Administration’s announcement of renegotiation offers stakeholders a significant opportunity to engage with USTR, Congress, and other government bodies to ensure that their priorities are included in the U.S. negotiating positions.

PTAB: no longer a death squad

Scott Kamholz and Peter Chen are quoted in a World Intellectual Property Review article examining the current landscape of the U.S. Patent Trial and Appeal Board. According to Kamholz, the PTAB has never been “out to get” patents. Kamholz also believes that trial procedures have changed "remarkably little." He says, “I remember discussing all sorts of issues in ...

Trump Moves on Steel Under Section 232

On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ultimately take pursuant to the findings of the Section 232 investigation, the Administration’s invocation of this rarely used trade tool further suggests the Administration's interest in “Buy America” strategies.

Laterals of note

Andrea Reister is quoted in a Commercial Dispute Resolution article regarding the arrival of Peter Chen and Scott Kamholz to the firm’s Patent Office Trials Practice. According to Reister, “Virtually all significant patent litigation matters involve co-pending IPRs, so having a strong patent office trials practice with a deep bench of senior attorneys is ...

Lateral Report: The Few, the Proud, the March Movers

Andrea Reister is quoted in a Litigation Daily article regarding the arrival of Peter Chen and Scott Kamholz to Covington’s Patent Office Trials Practice. According to Reister, “We are thrilled to add Peter and Scott to our team as we expect the demand for patent office trials to continue to grow in the coming years.”

Pair of Ex-PTAB Judges Join Covington

Scott Kamholz, Peter Chen, and Andrea Reister are quoted by The Recorder in an article regarding the recent additions to the firm’s Patent Office Trials Practice Group. According to Kamholz, Covington’s team stood out for its sophistication. “I was very impressed with their level of skill and preparation, and I found through working that case with them that we ...

Two Former PTAB Judges Join Covington's Patent Office Trials Practice

SILICON VALLEY—Former Patent Trial and Appeal Board (PTAB) judges Peter Chen and Scott Kamholz have joined Covington’s Patent Office Trials Practice. Mr. Chen and Dr. Kamholz are the only former PTAB judges to enter private practice who have overseen Leahy-Smith America Invents Act of 2011 (AIA) trial proceedings from institution through final decision. Peter ...

Covington Adds Two Former PTAB Judges To Patent Group

Andrea Reister, Peter Chen, and Scott Kamholz are quoted in a Law360 article regarding the recent additions to the firm’s Patent Office Trials Practice Group. According to Reister, “We are thrilled to add Peter and Scott to our team as we expect the demand for Patent Office trials to continue to grow in the coming years. Their experience in the high-tech and ...

Two Former Patent Trial Board Judges Join Covington & Burling

Simon Frankel and Peter Chen are quoted in a Daily Journal article regarding the arrival of Chen and Scott Kamholz to the firm’s Patent Office Trials Practice. According to Frankel, while the firm’s patent litigation activity spans the coasts, most of its patent office practice has been based in Washington D.C. Chen’s addition will help expand the firm’s patent ...

Expert Testimony Not Helping IP Owners Avoid AIA Review

Scott Kamholz is quoted in a Law360 article regarding the impact of allowing patent owners to present expert testimony in their responses to America Invents Act review petitions. According to Kamholz, “Generally speaking, if the patent owner's witness is just contradicting the petitioner’s witness ... then the [Patent Trial and Appeal Board] would tend to order ...

Covington Adds Ex-Deputy Assistant AG To Appellate Group

Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”

January sees US law firms seek lateral talent

Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...

New Year, New Job: Top Lateral Litigator Moves in January

The Litigation Daily features Beth Brinkmann, Craig Pollack, and Louise Freeman in an article about the “Top Lateral Litigator Moves in January.” Commenting on her move to Covington, Brinkmann says that the firm “turned out to be just a really unique opportunity,” praising its “culture of teamwork” and “longstanding presence in the legal community.” Alex ...

Deputy Assistant Attorney General Joins Covington

WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...

Covington Bags Brinkmann to Bolster Appellate Expertise

Beth Brinkmann is quoted by The National Law Journal in an article regarding her arrival to Covington’s Appellate and Supreme Court Practice Group. "Covington turned out to be just a really unique opportunity," Brinkmann says. The firm is "a longstanding presence in the legal community," she adds, praising the "culture of teamwork."

Six Covington Lawyers Named Law360 MVPs

WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...

Ruixue Ran Named One of Top 15 IP Lawyers in China

BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...

International Trade MVP: Covington's Shara Aranoff

Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...

Covington & Burling promotes IP partner and 12 others

Timothy Hester is quoted in a World IP Review article regarding the promotion of the firm’s 13 new partners. According to Hester, “Our new partners reflect the excellence, strengths, and diversity of the firm, and will play important roles in the firm for decades to come.”

Kurt Calia Named One of California's Top IP Lawyers

SILICON VALLEY—The Daily Journal has named Covington partner Kurt Calia to its list of the “Top Intellectual Property Attorneys in California for 2016.” The list recognizes California lawyers who have “pushed technological progress forward.” The Daily Journal highlighted Mr. Calia’s successful representation of Elbit Systems in a patent litigation involving the ...

National Law Journal Names Covington to "IP Hot List”

WASHINGTON—The National Law Journal has named Covington to its “2016 IP Hot List,” recognizing it as one of 15 firms that “set the bar in intellectual property law in 2015, scoring big wins for clients.” Covington was also one of only two firms last month to receive the highest rating from Chambers USA in its nationwide categories for Intellectual Property and ...

The 2016 Intellectual Property Hot List: Covington & Burling

Ranga Sudarshan and Kurt Calia are quoted in The National Law Journal’s profile of Covington for the “2016 Intellectual Property Hot List.” In its story, NLJ highlighted the firm’s successful representation of Elbit Systems in a patent infringement case with military contractor Thales Visionix involving the F-35 Joint Strike Fighter. The Covington defense team ...

President Obama Signs Defend Trade Secrets Act Into Law

On Wednesday, May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which creates a federal civil cause of action for trade secret misappropriation. The Senate passed the DTSA on April 4, 2016 by a unanimous vote of 87-0. The Senate bill (S. 1890) was passed by the House of Representatives without amendment on April 27, 2016 by a vote of 410-2. The legislation was introduced in the Senate by Senators Hatch (R-UT) and Coons (D-DE), and companion legislation in the House (H.R. 3326) was introduced by Representatives Doug Collins (R-GA) and Jerrold Nadler (D-NY).

Lawyers Ready to Reap Work From Federal Trade Secrets Act

Richard Hertling and Kurt Calia are quoted in this article discussing the future of, and reactions to, the Defend Trade Secrets Act. Hertling says, “I don’t think [House Judiciary Committee Chairman Goodlatte] would have indicated an intention to move forward with this legislation if patent reform were going to stand in the way." Calia sees some risk of abuse of ...

Smartwatches herald new legal battles

Kurt Calia is quoted by the Financial Times in this article about the legal battles brewing around smartwatches. According to Calia, who emphasizes the differences between smartphones and smartwatches, “There’s unlikely to be the big titan v titan litigation that we saw in the smartphone wars.” However, he adds, “A lot of the foundational technology that formed ...

ITC Patent Cases Drop As Smartphone Battles Subside

Alexander Chinoy is quoted in this Law360 article discussing the number of cases filed at the ITC in 2015. With 36 cases filed, it was the lowest number in five years, in part due to the end of the “smartphone wars.” However, as Chinoy states, "Over the last 10 years, the agency [ITC] has been busy and it remains busy. It’s a testament to the fact that it’s an ...

Tough Trade

Maureen Browne and Alexander Chinoy are quoted in this CDR article assessing the work of the ITC, and its relationship with intellectual property in 2015. Browne states that the ITC is performing well although down from the peak during the ‘smartphone wars’ years, while Chinoy notes a “slight upward trend in the number of cases heard, peaking in outlier years in ...

Lawyers Look for Patent Tide to Turn in 2016

Andrea Reister is quoted in a Law.com article discussing the “patent pendulum” and how it is expected to swing in 2016. According to Reister, postgrant review has had so few takers because of the uncertainty surrounding estoppel. “The estoppel basically applies to everything,” she says. “Your potential estoppel is pretty big when you get to the district court.”

GE's Head of IP Litigation Rejoins Covington

WASHINGTON, DC, October 19, 2015 - Covington announced that Richard Rainey has rejoined the firm as a partner in its intellectual property practice, one of the firm’s largest groups with more than 140 IP lawyers. A prominent IP trial and appellate litigator, Mr. Rainey previously served as Executive Counsel for Global IP Litigation at GE. “Our patent litigation ...

Covington Cites Alice, Babe Ruth to Crush Pricing Patent

Covington's George Pappas and Peter Swanson are mentioned in this article regarding their representation of AOL: In a quartet of lawsuits filed last year, plaintiff Priceplay.com accused AOL Advertising Inc., Facebook Inc., Google Inc. and LinkedIn Corp. of infringing two patents related to online price auctions. But after a victory this week for AOL's lawyers ...

Covington Opens Los Angeles Office

LOS ANGELES, March 6, 2015 — Covington will open a new office in Los Angeles on March 9. The office will be staffed by current firm lawyers and three new senior lawyers and will focus initially on insurance coverage, media and content distribution, patent litigation, public policy/government affairs and white collar defense. "We believe there is a strong base ...

Covington Secures Federal Circuit Victory on Behalf of Texas Instruments

SILICON VALLEY, January 9, 2015 -- Covington achieved a victory yesterday for our client Texas Instruments when the U.S. Circuit Court of Appeals for the Federal Circuit affirmed a lower court decision dismissing patent claims brought by Cradle IP against TI. Cradle IP filed suit in the District of Delaware in 2011, asserting that TI had infringed three ...

ITC Trends Medical Device Companies Should Know About

Covington's Shara Aranoff has written this article for Law360 on ITC trends: "Over the past 20 years, the number of patent infringement disputes filed annually at the U.S. International Trade Commission has more than tripled. Although typically associated with smartphones and semiconductor chips, the ITC has also seen quite a few disputes involving medical ...

Federal Judge Rules HP Entitled to Legal Fees in Patent Case

SAN FRANCISCO, September 18, 2014 — Covington & Burling client Hewlett-Packard Co. scored a win in its patent litigation case against Linex Technologies on September 15 when a federal judge ruled that HP is entitled to an award of attorneys’ fees. In May, U.S. District Judge Claudia Wilken in Oakland ruled in favor of HP and other electronics manufacturers, ...

ITC Patent Case Reflects Tech's New Role

Covington's Shara Aranoff is quoted in this article regarding the U.S. International Trade Commission patent infringement case aimed at 17 American and European brands and retailers, the largest ever against apparel retailers and brands: Shara L. Aranoff, a former ITC chair who is an international trade attorney at Covington & Burling LLP, said there have been ...

Covington Secures ITC Victory in Patent Infringement Litigation

WASHINGTON, DC, July 16, 2014 — Covington & Burling secured a victory on July 7, 2014 when an administrative law judge of the U.S. International Trade Commission determined that Samsung, LG and Toshiba did not violate Section 337 of the Tariff Act, a U.S. trade law frequently used by patent owners to target imports. Black Hills Media LLC, based in Delaware, ...

Covington Shortlisted for Five Chambers USA Awards

WASHINGTON, DC, March 27, 2013 — For the second straight year, Covington & Burling has been nominated for the 2013 Chambers USA Awards for Excellence in five national practice areas. Chambers released its “shortlist” of the law firms nominated based on their pre-eminence and recent achievements in 21 distinct practice areas. Covington is a finalist in each of ...

Jay Alexander Joins Covington’s Intellectual Property Practice

WASHINGTON, DC, October 24, 2012 — Jay Alexander has joined Covington & Burling’s intellectual property group as of counsel, resident in the firm’s Washington office. He will focus on patent infringement cases before the U.S. International Trade Commission and the federal courts. An intellectual property litigator with more than 20 years of experience, Mr. ...

Covington Promotes 15 Lawyers to Partnership

WASHINGTON, DC, October 1, 2012 — Covington & Burling is pleased to announce that it has elected 15 new lawyers to its partnership. This group is comprised of diverse and talented individuals from five offices who have made their mark at the firm through exceptional work and the highest standards of client service. “We’re delighted to welcome these 15 lawyers to ...

Covington Receives 196 Individual Mentions in 2013 Edition of Best Lawyers

WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...

Covington Receives Top Tier Nods in Legal 500 US

WASHINGTON, DC, August 14, 2012 — Covington & Burling LLP has received a top tier ranking in six practice areas and 18 individual attorneys are named “Leading Lawyers” in the recently released Legal 500 US 2012 edition. Additionally, Legal 500 US also “recommended” 36 Covington practice areas and 123 Covington lawyers. The six Covington practices given the top ...

Covington Announces Six New Counsel

WASHINGTON, DC, April 16, 2012 — Covington & Burling is pleased to announce the promotion of one lawyer to of counsel and five lawyers to special counsel, effective April 1, 2012. Wendy Feng (San Francisco), the new of counsel, represents policyholders in insurance coverage cases in state and federal courts. She provides strategic claims-related advice and has ...

Covington’s Chinoy Elected President of ITC Trial Lawyers Association

WASHINGTON, DC, November 14, 2011 — Covington & Burling LLP is pleased to announce that Alexander Chinoy has been elected president of the International Trade Commission Trial Lawyers Association for the 2012 term. The association is the primary bar association for attorneys involved in Section 337 litigation before the International Trade Commission. Mr. ...

U.S. News-Best Lawyers Awards Covington ‘Law Firm of the Year’ in FDA Law and 82 First-Tier Practice Rankings

WASHINGTON, DC, November 1, 2011 — For the second consecutive year, U.S. News-Best Lawyers awarded Covington & Burling the most first-tier practice rankings for Washington, DC in the “Best Law Firms” survey. The 2011-12 survey also awarded the firm 82 first-tier practice rankings, placing Covington among the top 20 firms nationwide. Additionally, U.S. ...

Covington Receives 184 Individual Mentions in 2012 Edition of Best Lawyers

WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...

Chambers USA Recognizes Covington with 123 Individual, 45 Practice Nods

WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

Covington Receives 92 Individual, 32 Practice Mentions in Legal 500

WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...

Covington Advises Microsoft in $8.5 Billion Skype Deal

WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...

Covington’s Haslam and Fram Named Top California IP Litigators

SAN FRANCISCO, April 8, 2011 — The San Francisco and Los Angeles Daily Journals have named Covington & Burling LLP partners Rob Fram and Bob Haslam to their list of Top Intellectual Property Litigators in California for the fourth year in a row. The list honors lawyers from both the public and private sectors whose work has a significant impact on the world of ...

Covington Expands Silicon Valley Presence with Three Partners from DC

REDWOOD SHORES, CA, August 9, 2010 — Covington & Burling LLP is pleased to announce that three partners from its Washington, D.C. office, Kurt Calia, Emily Henn, and Emily Leonard, have relocated to the Silicon Valley office. Their move will strengthen the link to the firm’s deep regulatory roots as well as further enhance the firm’s transactional and litigation ...

Covington Receives 85 Individual, 23 Practice Mentions in Legal 500 US

WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...

Chambers USA Recognizes Covington with 112 Individual, 44 Practice Nods

WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

Three Covington Partners Recognized by San Diego’s Daily Transcript

SAN DIEGO, CA, May 7, 2010 — Covington & Burling LLP partners Alan Blankenheimer, Jo Dale Carothers, and Laura Muschamp have been shortlisted for the San Diego Daily Transcript’s Top Attorneys 2010. All have been nominated for Intellectual Property Litigation. Finalists will be announced on May 17. The Daily Transcript has been a source for daily business news, ...

Covington’s Fram and Haslam Again Named Top California IP Litigators

SAN FRANCISCO, April 8, 2010 — For the third consecutive year, Covington & Burling LLP partners Rob Fram and Bob Haslam have been named to The San Francisco and Los Angeles Daily Journals’ list of Top Intellectual Property Litigators in California. The list honors lawyers from both the public and private sectors whose work has a significant impact on the world ...

Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’

WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...

Chambers USA Recognizes Covington With 100 Individual, 40 Practice Nods

WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

Fram and Haslam Again Named Top California IP Litigators

SAN FRANCISCO, CA, April 9, 2009 — For the second consecutive year, Covington & Burling LLP partners Robert Fram and Robert Haslam have been named to The San Francisco and Los Angeles Daily Journals’ list of Top 75 Intellectual Property Litigators in California. The list honors lawyers from both the public and private sectors whose work has a significant impact ...

Covington Prevails in Patent Appeal for DeMonte Fabricating

WASHINGTON, DC, January 8, 2009 — The U.S. Court of Appeals for the Federal Circuit has ruled that the only claim in a patent for making and selling retractable covers for flat-bed trucks allegedly infringed by DeMonte Fabricating is invalid. The Federal Circuit’s decision overturns a lower court’s ruling on damages and a permanent injunction that would have ...

Covington Announces Major Expansion of its Patent Litigation Practice and West Coast Presence

WASHINGTON, DC, October 6, 2008 — Covington & Burling LLP is significantly expanding its national intellectual property litigation practice with the addition of approximately 50 lawyers in California and Washington, DC. Covington is also opening new offices in Silicon Valley, where it already has a large client base, and San Diego, which presents significant ...

Covington Secures Major Patent Litigation Appeals Court Victory

WASHINGTON, DC, July 14, 2008 — The U.S. Court of Appeals for the Federal Circuit today ruled that Thomson Reuters and i-Deal, LLC did not infringe a patent that covers the online auction of municipal bonds. The Federal Circuit’s decision overturns a lower court’s ruling in favor of MuniAuction Inc., that had awarded the plaintiff $84.6 million. Covington & ...

Covington’s George Pappas Appointed to Two American College Committees

WASHINGTON, DC, January 16, 2007 — Covington & Burling LLP partner George Pappas has been appointed to both the District of Columbia State Committee and the Complex Litigation Committee of the American College of Trial Lawyers. Mr. Pappas will serve as Vice Chair of the Complex Litigation Committee.Founded in 1950, the College is composed of the best of the ...

Leading Intellectual Property Litigator, Simon J. Frankel, Joins Covington as Partner

SAN FRANCISCO, CA, April 6, 2006 - Covington & Burling announced today that Simon J. Frankel will join the firm's intellectual property litigation group as a partner. Mr. Frankel will be resident in the firm's San Francisco office. Mr. Frankel's extensive IP litigation experience includes handling trademark, copyright, patent, anti-counterfeiting, and trade ...

Leading Patent Litigators, George Pappas, Jeffrey Elikan, and Kevin Collins, Join Covington

WASHINGTON, D.C., April 22, 2005 - Covington & Burling announced today that George Pappas, and Jeffrey Elikan have joined the firm as partners, and Kevin Collins has joined as of counsel. All three will be resident in the Washington, D.C., office. Messrs. Pappas, Elikan, and Collins, previously at Venable LLP, will join Covington's national patent and ...

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The National Law Journal "2015 Washington Litigation Department of the Year" Finalist (2015)
The American Lawyer, "2014 Litigation Department of the Year" Finalist (2014)
The National Law Journal - Recognized on the Intellectual Property Hot List (2016)
Managing Intellectual Property Global Awards - Recognized in the North American category as the "International Trade Commission Firm of the Year" (2010, 2014)
Chambers Global - Recognized as a leading US Intellectual Property and a leading International Trade - Section 337 Practice (2010-2016)
Chambers USA - Recognized for Intellectual Property nationwide, as well as in California and Washington, DC (2009-2016)
Chambers USA - Recognized for its International Trade: Intellectual Property (Section 337) practice nationwide (2009-2016)
Chambers Asia-Pacific - Recognized as a leader in the category South Korea: Intellectual Property; three attorneys recognized for Intellectual Property (2016)
Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property (2013)
U.S. News Media Group and Best Lawyers, Litigation - Patent: National, San Francisco and Washington, DC first tier ranking (2013-2015)
Intellectual Asset Management (IAM) Magazine - Recognized in the “IAM Patent 1000 - The World’s Leading Patent Practitioners” for its National litigation and International Trade Commission practices, DC Metro Area litigation practice, and California litigation. Four litigators recognized in California, one luminary and five litigators recognized in DC Metro Area and three litigators recognized in National - International Trade Commission (2014).
Legal 500 Asia Pacific, Intellectual Property (Foreign Firms) (2013-2014)
Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: Full Coverage, Patent Litigation: International Trade Commission, Patent: Portfolio Management and licensing Patents (2012-2016)
Legal 500 UK - Recognized in its IP category (2011-2014)
One partner is a member and former chair of the Northern District of California patent rules committee.
Two of our Covington partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
One partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 200 patent infringement cases, including more than 30 patent infringement jury trials.

Ruixue Ran Named One of Top 15 Female Lawyers in China

One of Only Two Firms Nationally Ranked in Band 1 for Both Intellectual Property and Section 337

Chambers USA 2016

GE's Head of IP Litigation Rejoins Covington

"ITC Complainants Must Do the Math for Domestic Industry"